[Code of Federal Regulations]

[Title 45, Volume 1]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 45CFR164.103]



[Page 741]

 

                        TITLE 45--PUBLIC WELFARE

 

                    SUBTITLE A--DEPARTMENT OF HEALTH

                           AND HUMAN SERVICES

 

PART 164_SECURITY AND PRIVACY--Table of Contents

 

                      Subpart A_General Provisions

 

Sec.  164.103  Definitions.



    As used in this part, the following terms have the following 

meanings:

    Common control exists if an entity has the power, directly or 

indirectly, significantly to influence or direct the actions or policies 

of another entity.

    Common ownership exists if an entity or entities possess an 

ownership or equity interest of 5 percent or more in another entity.

    Covered functions means those functions of a covered entity the 

performance of which makes the entity a health plan, health care 

provider, or health care clearinghouse.

    Health care component means a component or combination of components 

of a hybrid entity designated by the hybrid entity in accordance with 

Sec.  164.105(a)(2)(iii)(C).

    Hybrid entity means a single legal entity:

    (1) That is a covered entity;

    (2) Whose business activities include both covered and non-covered 

functions; and

    (3) That designates health care components in accordance with 

paragraph Sec.  164.105(a)(2)(iii)(C).

    Plan sponsor is defined as defined at section 3(16)(B) of ERISA, 29 

U.S.C. 1002(16)(B).

    Required by law means a mandate contained in law that compels an 

entity to make a use or disclosure of protected health information and 

that is enforceable in a court of law. Required by law includes, but is 

not limited to, court orders and court-ordered warrants; subpoenas or 

summons issued by a court, grand jury, a governmental or tribal 

inspector general, or an administrative body authorized to require the 

production of information; a civil or an authorized investigative 

demand; Medicare conditions of participation with respect to health care 

providers participating in the program; and statutes or regulations that 

require the production of information, including statutes or regulations 

that require such information if payment is sought under a government 

program providing public benefits.



[68 FR 8374, Feb. 20, 2003]